Three years went by, and once again, January, 1451, a charge was preferred against Jacopo Foscari, and on this occasion he was arrested and brought before the Ten. He was accused of being implicated in the murder of Ermolao Donato, who was assassinated November 5, 1450, on leaving the Ducal Palace, where he had been attending the Council of the Pregadi. On the morning after the murder Benedetto Gritti, one of the "avvogadori di Commun," was at Mestre, some five miles from Venice, and, happening to accost a servant of Jacopo's who was loading a barge with wood, asked for the latest news from Venice, and got as answer, "Donato has been murdered!" The possession of the news some hours before it had been made public, and the fact that the newsmonger had been haunting the purlieus of the Ducal Palace on the previous afternoon, enabled the Ten to convict Jacopo. They alleged (Decree of X., March 26, 1451) that other evidence ("_testificationes et scripturæ_") was in their possession, and they pointed to the prisoner's obstinate silence on the rack--a silence unbroken save by "several incantations and magic words which fell from him," as a confirmation of his guilt. Moreover, it was "for the advantage of the State from many points of view" that convicted and condemned he should be. The question of his innocence or guilt (complicated by the report or tradition that one Nicolò Erizzo confessed on his death-bed that he had assassinated Donato for reasons of his own) is still under discussion. Berlan (_I due Foscari_, etc., 1852, p. 36) sums up against him. It may, however, be urged in favour of Jacopo that the Ten did not produce or quote the _scripturæ et testificationes_ which convinced them of his guilt; that they stopped short of the death-penalty, and pronounced a sentence inadequate to the crime; and, lastly, that not many years before they had taken into consideration the possibility and advisability of poisoning Filippo Visconti, an event which would, no doubt, have been "to the advantage of the State from many points of view." Innocent or guilty, he was sentenced to perpetual banishment to the city of Candia, on the north coast of the island of Crete; and, guilty or innocent, Jacopo was not the man to make the best of what remained to him and submit to fate. Intrigue he must, and, five years later (June, 1456), a report reached Venice that papers had been found in his possession, some relating to the Duke of Milan, calculated to excite "nuovi scandali e disordini," and others in cypher, which the Ten could not read. Over and above these papers there was direct evidence that Jacopo had written to the _Imperatore dei Turchi_, imploring him to send his galley and take him away from Candia. Here was a fresh instance of treachery to the Republic, and, July 21, 1456, Jacopo returned to Venice under the custody of Lorenzo Loredano.